Circular 0032/2007
DEPARTMENT OF EDUCATION AND SCIENCE
PRIMARY BRANCH
TO: BOARDS OF MANAGEMENT, PRINCIPAL TEACHERS
AND ALL TEACHING STAFF IN PRIMARY SCHOOLS
Teacher Absences
1.
The purpose of this circular is to set out for school management authorities,
principal teachers and all teaching staff the provisions determining
arrangements in relation to absences from school and whether the teachers’
absence should be covered by the employment of a Substitute Teacher or a
Temporary/Fixed Term Teacher. The issue of the circular is also intended to
provide clarity for schools in relation to teacher absences having particular
regard to the introduction of the On-Line-Claims System (OLCS) at primary level
in April, 2007.
2.
The On-Line-Claims System (OLCS) is designed to enable schools to submit
online details of all teacher absences and to make claims for substitute teachers.
The data input by schools, once validated, updates the Department’s Payroll and
Personnel systems and issues payment directly to the teacher.
3.
It should be noted that with the introduction of this system some absences for
unpaid leave which have heretofore required the employment of a
temporary/fixed term teacher will now be covered by the employment of a
substitute (casual/non-casual) teacher. For example, under present
arrangements a teacher on paid maternity leave is replaced by a substitute
(casual/non-casual) teacher for the duration of paid maternity leave. When on
unpaid maternity leave she is replaced by a temporary/fixed term teacher.
Henceforth, the full absence, maternity leave, leave-in-lieu, unpaid maternity
leave etc., will be covered by the appointment of a substitute (casual/non-casual)
teacher.
4.
A teacher who is employed in a primary school under a contract which obliges
him/her to work for a period in excess of 40 days in the school year but less than
a full school year is classified as a non-casual substitute teacher. Such a teacher
is paid at his/her appropriate annual salary divided by 183 for each day worked.
A teacher who is employed on a casual basis for a period of up to 40 days in a
school year is classified as a casual substitute teacher and is paid a fixed daily
rate which is inclusive of holiday pay. If such a teacher exceeds 40 days
employment in a school year they are paid at the non-casual rate for any day in
excess of 40 days.
5.
Boards of Management should fulfil existing contractual arrangements with
replacement teachers, whether substitute (casual/non-casual) or temporary/fixed
term. The revised arrangements should come into effect for contractual
arrangements to be entered into from 16 April, 2007 onwards.
6.
The prior approval of the Chairperson of the Board of Management must be
granted for all absences. Absence for part of a school day constitutes an
absence for a full school day. Teachers are not allowed to absent themselves
from school for the purpose of transacting private or personal business such as
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consultation with a solicitor or bank manager, signing of contracts, attending for
interviews etc. Any absence without reasonable cause and the approval of the
Board of Management will involve loss of salary
7.
With effect from 16 April, 2007 all teacher absences which were previously
recorded on the quarterly return and the substitute claim form will be
submitted on-line by the schools involved in Phase 1 of the roll-out of
OLCS. Pending the introduction of OLCS to all other primary schools all
leave absences must be entered chronologically on the new substitute
claim form which will be issued to all schools, even if the absence is not
substitutable. It is important to note that absences should not be recorded
on the quarterly return after 16 April, 2007.
8.
The Department will meet the cost of supplying a substitute teacher replacing
Principal teachers in one teacher schools who are absent for any reason as set
out in Section 1 of this circular and with the permission of the Board of
Management. Substitute cover will also be provided for Principals in one teacher
schools in respect of Extra Personal Leave (EPV) days.
9.
The arrangements for teacher absences have been set out in three sections in
this Circular –

Section 1 relates to absences which allow for the employment of
a substitute teacher to cover teacher absences such as Sick
leave, Family leave, Personal leave & School Business Related
Absence

Section 2 relates to absences which allow for the employment of
a temporary/fixed term teacher to cover teacher absences on
Career Break, Carers Leave, Secondment, & APSO (Agency for
Personal Service Overseas) Leave

Section 3 relates to paid leave absences for which no substitute
(casual/non-casual) or temporary/fixed term cover is paid by the
Department
10.
The terms and conditions applying to teacher absences as outlined in the above
Sections can be found in the relevant Department Circulars governing these
schemes, e.g., Maternity Leave, Adoptive Leave, Sick Leave etc.. In addition,
Appendix A of this circular sets out the provisions governing other brief
absences, e.g., illness and bereavement of a family member.
11.
Boards of Management are obliged to recruit and employ fully qualified primary
teachers for any vacancy in a school, regardless of the duration of the vacancy.
Information regarding recognised qualifications can be obtained from the Primary
Administration Section of the Department (Tel: 090 6483735/6483736). Under no
circumstances should a Board of Management engage an untrained person and
commit to retaining that person for the full duration of a teacher’s absence on
career break, maternity leave, parental leave etc.. It should be noted that a post
primary qualified teacher is not fully qualified for the purposes of appointment as
a primary teacher. The procedures for the appointment of teachers as outlined in
the Constitution of Boards & Rules of Procedures for Boards of Management of
National Schools must be adhered to at all times.
12.
This Circular may also be accessed on the Department of Education & Science
website at www.education.ie under Education Personnel/ Primary/ Circulars and
Information Booklets. Please note that queries regarding the Circular may be EMailed to primary_payments @education.gov.ie
Johnny Bracken
Principal Officer.
March, 2007.
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Section 1
Teacher absences for which a Substitute teacher may be employed by the Board of
Management
and be paid by the Department of Education & Science
Nature of absence
No of days including maximum,
if applicable, for which
substitute teacher will be paid
SICK LEAVE
Certified Sick Leave – allowed maximum 365 days
certified and uncertified sick leave over four years service
Maximum of 365 days
Uncertified Sick Leave – allowed subject to a maximum of
3 consecutive days per absence.
Maximum of 31 days per school
year
Leave in lieu Sick Leave – allowed in respect of Public
Holidays which fall during the first 26 weeks absence on
sick leave
No of public holidays applicable
Unpaid Sick Leave – allowed up to a maximum of 6
consecutive months. This leave is allowed once in a
teaching career
Maximum of 6 consecutive
months.
FAMILY LEAVE
Maternity Leave
Ante Natal Visits - evidence of appointment required by
BOM
All days
Ante Natal Classes – A female teacher is allowed absence
to attend one set of ante natal classes except the last 3 in a
set. A male teacher is allowed absence to attend the last
two ante natal classes once only. Evidence of attendance
required by BOM
No of days applicable
Maternity Leave
Maximum of 26 weeks
Maternity Leave in lieu
Maximum of 30 consecutive
school days
Unpaid Statutory Maternity Leave
- this leave follows
immediately on from maternity leave in lieu
Maximum of 16 consecutive
weeks
Unpaid Maternity Leave in Lieu
– this leave
allowed for public holidays which fall within period of unpaid
maternity leave.
No of public holidays applicable
Additional (Extended) Unpaid Maternity Leave – this
leave allowed immediately following statutory unpaid
maternity leave in lieu & may be taken until the end of the
school year (i.e. 31st August)
No of days absence
Additional (Extended) Unpaid Maternity Leave in Lieu –
Leave allowed for Public Holidays which fall within the first
13 weeks of additional (extended) maternity leave
No of public holidays applicable
Resumed (Postponed) Paid Maternity Leave – As
outlined in Primary Circular 0091/2006
Maximum of 12 consecutive
weeks
Resumed (Postponed) Paid Maternity Leave in Lieu
Maximum of 30 consecutive
school days (including maternity
leave in lieu)
Resumed (Postponed) Unpaid Maternity Leave
Maximum of 16 weeks
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Resumed (Postponed) Unpaid Maternity Leave in Lieu –
Allowed for public holidays which fall within the period of
unpaid maternity leave
No of days applicable
Adoptive Leave
Adoptive Meetings – Allowed time off to attend preadoption meetings/classes with social workers/health board
officials. Evidence of appointment required by BOM
No of days required
Adoptive Leave
Maximum of 24 weeks
Adoptive Leave in Lieu
Maximum of 27 days.
Unpaid Statutory Adoptive Leave Allowed maximum of
16 consecutive weeks immediately following adoptive leave
in lieu
Maximum 16 weeks
Unpaid Adoptive Leave in Lieu of Public Holidays Leave allowed for public holidays which fall within the
period of statutory unpaid adoptive leave
No of public holidays applicable
Additional (Extended) Unpaid Adoptive Leave Allowed immediately following the statutory unpaid
adoptive leave in lieu & may be taken until the end of the
school year (i.e. 31st August)
No of days absence
Additional (Extended) Unpaid Adoptive Leave in Lieu Allowed for public holidays which fall within the first 13
weeks of additional (extended) unpaid adoptive leave in lieu
No of public holidays applicable
Resumed (Postponed ) Paid Adoptive Leave – As
outlined in Primary Circular 0090/2006
Maximum of 24 weeks
Resumed (Postponed) Paid Adoptive Leave in Lieu
Maximum 27 consecutive school
days (including adoptive leave in
lieu)
Resumed (Postponed) Unpaid Adoptive Leave
Maximum of 16 weeks
Resumed (Postponed) Unpaid Adoptive Leave in Lieu
Number of public holidays
applicable
Paternity Leave
Paternity Leave - This is paid leave applicable to fathers
only
Maximum of 3 school days within
31 days of the birth/placement of
the child
Parental Leave
Parental Leave – Unpaid leave allowed maximum 14
weeks per child
Maximum of 14 weeks per child
Parental Leave in Lieu – Leave allowed for all public
holidays which fall during the period of parental leave with
the exception of Christmas, Easter & Summer vacations
No of public holidays applicable
Parental Leave in Lieu – Leave allowed for school
closures which fall during the period of parental leave with
the exception of Christmas, Easter & Summer vacations
No of school closures applicable
Leave for Illness/Bereavement
Leave in respect of tending to an immediate family
member who is ill including accompaniment to hospital
– As outlined in Appendix A. Please note that the maximum
period of leave as outlined includes a teacher’s entitlement
to Force Majeure leave.
Maximum of 5 school days in a
school year
Leave in respect of tending to a near relative/member
Maximum of 3 school days in a
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of religious community who is ill including
accompaniment to hospital – As outlined in Appendix A.
Please note that the maximum period of leave as outlined
includes a teacher’s entitlement to Force Majeure leave.
school year
Bereavement of member of immediate family – Allowed
5 consecutive days including a weekend
– As outlined in Appendix A
Five consecutive days including
a weekend
Bereavement of near Relative/In-law/ member of
religious community – Allowed minimum necessary
period subject to maximum of 3 consecutive days including
a weekend - As outlined in Appendix A
Minimum period necessary
subject to a maximum of 3
consecutive days including a
weekend
PERSONAL LEAVE
Unpaid Leave of Absence – Application must be approved
by BOM six weeks in advance of absence
Number of days approved
Assault Leave (Paid Leave) - Application with Board of
Management approval to be made directly to the
Department of Education and Science. Documentary
evidence must be supplied
Number of days approved
Health & Safety Leave – paid leave
Application with Board of Management approval to be made
directly to the Department of Education and Science.
Documentary evidence must be supplied
Number of days approved
Retirement Seminar – paid leave: Prior approval of Board
of Management and evidence of attendance is required
1 day
Member of Teaching Council of Ireland – paid leave –
Allowed leave to attend meetings held on school days
Maximum of 10 school days per
year
Career Break – Paid Leave in Lieu of Public Holidays:
Allowed for public holidays which fall within the first 13
weeks following commencement of a career break for the
first time
1 day allowed
Carers Paid Leave in Lieu of Public Holidays: Allowed
for public holidays which fall within the first 13 weeks
following commencement of carers leave
Number of days applicable
Leave in Lieu for Job Sharing Teachers –paid leave
allowed for teachers not timetabled to work who attend
Curriculum days
1 day for each day attended
Leave in Lieu of Public Holidays for Job Sharing
Teachers - Allowed paid leave in lieu for 17 March, 1st
Monday in May, 1st Monday in June for job-sharing teacher
who is not timetabled to work on these days.
Max allowed 3 days.
Representing Ireland at International Sporting Event –
Paid leave, documentary evidence of the participation in the
international sporting event and the number of days
required must be submitted to the Department of Education
and Science with the Board of Management approval
Number of days approved
Membership of State Bodies -e.g. National Council for
Special Education, State Exams Commission -Absence
applies only where meetings are held during school
opening hours
Up to ten school days in a school
year.
Candidate in a General Election -Unpaid leave for all
days from the date of the candidate’s lodgement of his/her
nomination papers up to and including the day(s) of the
count
No of days applicable
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Attending court where a teacher is the defendant or
plaintiff in a personal case
Unpaid Leave
The number of days deemed
necessary by the Court
Jury Service - Paid Leave
The number of days deemed
necessary by the Court.
SCHOOL BUSINESS
Principal Release - Paid leave to allow Principal’s to
undertake administrative duties
Minimum of 14 days – maximum
22 days subject to number of
mainstream posts in the school.
Court Attendance – Attending legal proceedings on behalf
of the school
The number of days deemed
necessary by the court
In-Service/In-Career Development - Attendance must be
approved by Department and Board of Management.
Evidence of attendance required.
Number of days approved
In Service/In Career Development in Lieu – Leave in lieu
allowed in respect of in- service/in-career development
days attended during maternity leave, adoptive leave and
parental leave
Number of days applicable
Examiner for State Examinations - Paid leave with prior
approval of Board of Management. Documentary evidence
required
Number of days approved
Suspension by Board/Administration Leave – paid leave
application to be made directly to Department by Board of
Management
Number of days applicable
One Teacher Schools - All brief absences approved by the
Board of Management are allowed for substitute cover
Number of days required
Union Executive Committee – Paid leave prior approval
of Board of Management and documentary evidence
required
Maximum of 2 days per month.
Section 2
Teacher absence (all unpaid leave of absence) for which a Temporary/Fixed Term
Teacher may be employed by the Board of Management and paid by the Department of
Education and Science
Nature of absence
Period for which
temporary/fixed term teacher
will be paid
Career Break
Maximum of 5 years
Carers Leave
Maximum of 104 weeks unpaid
ABSENCE TO OTHER AGENCIES
Secondment - Maximum of 5 years to outside agencies, 9
years to European Schools & 10 years to Department
National Approved Programmes
Maximum 5, 9 or 10 years
depending on agency to which
teacher has been seconded
Agency for Personal Service Oversees Application with
Board of Management approval to be made directly to the
Department of Education and Science. Evidence of work to
be undertaken must be provided
Maximum of 5 years
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Section 3
The following sets out teachers’ entitlement to absence for which Substitute Cover is
not paid by the Department of Education and Science for the following absences
FAMILY LEAVE ABSENCE (Paid leave)
Wedding of immediate family/near relative/in-law - allowed 1 school day if the wedding is
held on a day when the school is open. Please refer to No 2.1(a) of Appendix A for definition of
immediate family/near relative (same as for bereavement leave)
Ordination/profession/religious reception/ garda passing out/ commissioning/ Graduation
of *immediate family - allowed 1 school day if the ordination/religious reception/profession is
held on a day when the school is open. Please refer to No 2.1(a) of Appendix A for definition of
immediate family/near relative (same as for bereavement leave)
PERSONAL LEAVE ABSENCE (Paid leave)
Study Leave prior to Examinations - allowed 5 days in respect of recognised third level
educational courses. Verification in respect of the exam must be submitted to the Board of
Management
Exam Leave - allowed the actual days on which examinations are held, provided it is a
recognised third level educational course. Verification in respect of the exam and the number of
days necessary must be submitted to the Board of Management
Teachers’ own wedding – this applies only when the wedding takes place on a day when
the school is due to be open – allowed 7 consecutive days from the date of marriage. These
days include weekends and any school closure e.g. bank holiday, vacation days etc
Graduation of teacher - 1 school day if the graduation is held on a day when the school is
open.
Extra Personal Vacation(EPV) - Allowed a maximum of 5 EPV days per school year in lieu of
attendance at approved summer course
Membership of public bodies e.g. county councils or statutory local bodies – allowed up to
ten school days in a school year. Absence applies only where meetings are held during school
opening hours
Candidate in a Local Election - allowed 1 day on day of election
Legal Separation Proceedings – allowed 1 school day provided the proceedings take place
on a day when the school is open
Witness in Court (under subpoena or summons) – allowed the number of days required to
be in attendance under subpoena or summons (The Board of Management/teacher may claim
payment for substitute cover from the relevant party).
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Appendix A
1.1
(a)
Illness of a family member
This leave is granted for urgent family reasons where owing to a serious injury or
illness the immediate presence of a teacher is indispensably required at the place
where the family member is - this leave also includes accompanying a member of
ones immediate family or near relative to hospital where alternative domestic
arrangements cannot be made.
A substitute teacher may be employed for the school days during the absences as
specified in 1.1(c) below.
(b)
(c)
For the purposes of this sub-section, family relationships are defined as follows:

Immediate family – spouse/partner, father, mother, step-father, stepmother, son, daughter, step-son and step-daughter.

Near relative – brother, sister, grandparent, uncle, aunt, niece, nephew,
grandchild.

Three days leave of absence is also available to teachers who are
members of religious communities in respect of the serious illness of a
member of the teacher’s immediate community.
The maximum, period of absence that shall be granted is:

5 school days in a school year in the case of a member of the immediate
family.

3 school days in a school year in the case of a near relative and to
teachers who are members of religious communities.
These maximum periods of leave include a teacher’s statutory
entitlement under
“Force Majeure” leave.
2.1
Bereavement involving a family member
(a)
Special leave with pay is allowed to a teacher in the event of bereavement.
For the purposes of this sub-section, family relationships are defined as follows:
(b)

Immediate family – spouse/partner, father, mother, step-father, stepmother, son, daughter, brother, sister, step-son and step-daughter.

Near relative – grandparent, uncle, aunt, niece, nephew, grandchild, first
cousin.

In law – father-in-law, mother-in-law, brother in law, sister in law and son
or daughter
in-law.

Three days leave of absence is also available to teachers who are
members of religious communities in respect of the death of a member of
the teacher’ immediate community.
The maximum, period of absence that shall be granted is:

5 consecutive days in the case of a member of the immediate family.

Absence for the minimum period necessary to attend the funeral subject
to a maximum of
3 consecutive days in the case of a near relative or in-law.
If the death occurs in the evening (after school hours) five or three
consecutive days are allowed, as appropriate, starting from the following day.
If the death occurs at the weekend (Saturday/Sunday) five or three
consecutive days are allowed, starting from the following day.
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(c)
In the case of immediate family a substitute teacher may be employed for up to five
days. In the case of near relative, in-law or members of Religious Communities a
substitute teacher may be employed for the minimum period necessary to attend the
funeral subject to a maximum of three days, except in the case of the death of a first
cousin where a substitute teacher may only be employed for one school day.
The absence should be recorded as “Bereavement Leave”.
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